The first claimant to take a case to trial against Johnson & Johnson, the manufacturers of the DePuy metal hip has won his case in California, paving the way to more claims in America and in the UK.
The Jury in the case stopped short of awarding exemplary damages which is an option in American law as they found that the manufacturers did not act with malice. However, the ruling shows that DePuy have been found to be liable for the symptoms caused by metallosis (metal poisoning) caused by these metal on metal implants.
[quote]The symptoms caused by metal ions and particles entering the bloodstream and body can be catastrophic[/quote]
Loren Kransky was awarded this sum after 6 days of deliberation by the jury. It is known that there were 93,000 DePuy metal hips made with an estimated failure rate of 13%. The failure of the hip was caused by excessive wear betweeen the two metal components particularly when not inserted at precisely the correct angle as explained in this video narrated by Mark Lampkin of Lampkin & Co. Solicitors.
Steven Beard, Senior Litigation Manager at Lampkin & Co. Solicitors, explains “These products were introduced with little research or testing and they have failed at an alarming rate. The symptoms caused by metal ions and particles entering the bloodstream and body can be catastrophic and we are representing clients, some of whom have been left without the possibility of successful revision surgery“.
Lampkin & Co. have now attracted in excess of 100 clients affected by hip failure symptoms and are coordinating group action on their behalf, including action against other manufacturers such as Smith & Nephew, Cormet, Biomet, Finsbury and others.
“This first successful, fully litigated case should now give anyone who believes they have been affected by failed metal-on-metal hip implant, particularly a DePuy implant, confidence to approach lawyers involved in pursuing matters in the UK” stated Steven Beard.
Legal action is expected to reach the courts this year in the UK.